Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1887-11-25
OLYMPIA. WASHINGTON TER.
OLYMPIA. FRIDAY EVENING, nov. q, 1857.
Limitation of Legislative Power.

Limitation of Legislative Power.
As Il matter of general interest, we
publish this week the act Of Congress
prohibiting the passage of local or
special laws in the Territories of the
United States, and limiting Territorial
Indebtedness and for other purposes.
Attention having been particularly
called to Section 4 of said act, as prob
ably afiording the City of Olympia the
means of meeting the financial diff
culties in the way of its present wharf
improvements, by borrowing money
for the purpose upon its bonds, our
examination has led to the conclusion
that the Territorial Legislature may,
under the law in question, authorize
the city to incur an Indebtedness not
to exceed in the aggregate four per
centum upon the taxable property
within the corporation. This, under
the assessed valuation of the present
year, $40, 266, would amount to $780,
61O Ga, or $21 ,61O in excess of the
maximum Indebtedness which may be
incurred under the present city char
ter, which is $4,000. To confer this
power, the Territorial law would have
to be a general one, applicable to
every municipal charter in the Terri
tory, as the law of Congress, under
consideration, expressly prohibits the
passage of local or special laws in
cooperating cities, towns or villages, OF
changing or amending the charter Of
any town, city or village" and it is
doubtful whether the legislature could
be brought to pass law that would
authorize every municipality in the
Territory to incur an indebtedness uI
to four per centum upon the assessed
value Of its property.
The remaining portion of Section
of the Congressional Act is retrospect
tive, and can have no application to
indebtedness not already incurred al
the time of its passage.
As far as the county of Thurston is
concerned, her present Indebtedness
of $4,000 in bonds, issued in aid oil
the Olympia and Tenino Railroad, ex-
ceeds what would be the maximum
limit upon the assessed valuation oil
the county for the present year, sup
posing the Territorial Legislature
should pass general law allowing
counties to incur indebtedness up tc
the maximum of per centum upon
the assessed valuation of property
within their limits. The total assessed
valuation of property in Thurstor
county, on the assessment roll of 1887
is 81 sos, SOP; four per centum upon
which would amount to 1890, OF
$500 less than the debt she has al
ready incurred. In the natural course
of development and improvement, il
will not be many years before four pei
cent. upon the assessed valuation oil
taxable property in Thurston county
will amount to twice the present in
debtedness of $4,000. The people
outside of the towns and cities, as a
rule, are more opposed to mourning
public Indebtedness than those of the
latter, and the same reasons which
would make it difficult to procure the
: passage of . general law by the Terri
torial Legislature authorizing munich
pal corporations to contract an in
debtedness up to the maximum o.
four per eentum upon the assessed
valuation Of property within theil
limits, would operate with additional
force against the passage of law civ
ing like power to the several coun
ties of the Territory; and yet it seem!
to US that such law, with proper
guards, would be one of the wises
measures that our legislature coult
pass, as it would hasten the improve
ments which are demanded by thu
necessities of many of our cities, towns
aid counties, and which have not al
ready been made simply for the rea
son that under the limitations of thu
law, as it now stands, it is impossible
to make them upon such q scale al
their necessities demand. For in
stance, Thurston county needs {
Court House. Every citizen of tn,
county agrees to that proposition
our present. Court House and county
buildings being inadequate for tn.
purposes for which they answered
when built. But when we rebuild
we want structures commenced upor
plan that will be permanent and ca
pable of being extended to answer al
of the necessities of the future. This
is simply impossible now, and will
remain SO many years, unless WI
can incur debt for the purpose. Ths
power, if bestowed upon us to incur
an Indebtedness of not to exceed fou
per centum upon the assessed valua
ton of property in the county, would
as has been stated, avail us nothing
the present year, but in very few
years it would enable us to borrow al
the money required for the purpose
These remarks will apply to an!
county and municipality in the Ter
ritory. Such law, one authorizing
every county and municipality in thu
Territory to incur an Indebtedness @